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Batas Pambansa Blg.

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AN ACT TO AMEND ARTICLES 212, 217, 218, 255, 264, 265 AND 273 OF THE LABOR
CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES
Section 1. Article 212 of the Labor Code is hereby amended by adding two new paragraphs
(o) and (p) which shall read as follows:
"(o) "Strike-breaker" means any person who obstructs, impedes, or interferes with by force
violence, coercion, threats or intimidation any peaceful picketing by employees during any
labor controversy affecting wages, hours or conditions of work or in the exercise of the right of
self organization or collective bargaining.
"(p) 'Strike area' means the establishment of the employer struck against, as well as the
immediate vicinity actually used by picketing strikers in moving to and fro before all points of
entrance to and exit from said establishment."
Sec. 2. Article 217 of the Labor Code, as amended by Batas Pambansa Blg. 130, is hereby
further amended to read as follows:
"Art. 217. Jurisdiction of Labor Arbiters and the Commission. (a) The Labor Arbiters shall
have the original and exclusive jurisdiction to hear and decide within thirty (30) working days
after submission of the case by the parties for decision, the following cases involving all
workers, whether agricultural or non-agricultural:
1. Unfair labor practice cases.
2. Those that workers may file involving wages, hours of work and other terms and conditions
of employment;
3. All money claim of workers, including those based on non-payment or underpayment of
wages, overtime compensation, separation pay and other benefits provided by law or
appropriate agreement, except claims for employees' compensation, social security, medicare
and maternity benefits;
4. Cases involving household services; and
5. Cases arising from any violation of Article 265 of this Code, including questions involving
the legality of strikes and lockouts.
"(b) The Commission shall have exclusive appellate jurisdiction over all cases decided by
Labor Arbiters."

Sec. 3. Paragraph (e) of Article 218 of the same Code is hereby amended to read as follows:
"(e) To enjoin or restrain any actual or threatened commission of any or all prohibited or
unlawful acts in any labor dispute which, if not restrained forthwith, may cause grave or
irreparable damage to any party or render ineffectual any decision in favor of such party:
Provided, That no temporary injunction against the commission of acts prohibited under Article
265 of this Code shall be issued by the Commission, except after due notice and hearing and
in accordance with its rules: Provided, further, That any ex parte restraining order issued by
the Commission, or its Chairman or Vice Chairman when the Commission is not in session
and as may be prescribed by its rules, shall be valid for a period not exceeding twenty (20)
days: Provided, finally, That the reception of evidence for the application of a writ of injunction
may be delegated by the Commission to any of its Labor Arbiters who shall, in cases where
the parties are not residents of Metro Manila, conduct such hearings in such places as he may
determine to be accessible to the parties and its witnesses and shall submit thereafter his
recommendation to the Commission."
Sec. 4. Article 255 of the same Code is hereby amended to read as follows:
"Art. 255. Injunction prohibited. No temporary or permanent injunction or restraining order in
any case involving or growing out of labor disputes shall be issued by any court or other entity,
except as otherwise provided in Articles 218 and 264 of this Code."
Sec. 5. Paragraph (g), Article 264 of the same Code, as amended, is hereby further amended
to read as follows:
"(g) When in his opinion there exists a labor dispute causing or likely to cause strikes or
lockouts affecting the national interest, such as may occur in but not limited to public utilities,
companies engaged in the generation or distribution of energy, banks, hospitals, and exportoriented industries including those within export processing zones, the Minister of Labor and
Employment shall assume jurisdiction over the dispute and decide it or certify the same to the
Commission for compulsory arbitration. Such assumption or certification shall have the effect
of automatically enjoining the intended or impending strike or lockout as specified in the
assumption or certification order. If one has already taken place at the time of assumption or
certification, all striking or locked out employees shall immediately return to work and the
employer shall immediately resume operations and readmit all workers under the same terms
and conditions prevailing before the strike or lockout. The Minister may seek the assistance of
law enforcement agencies to ensure compliance with this provision as well as with such orders
as he may issue to enforce the same.
"The foregoing notwithstanding, the President of the Philippines shall not be precluded from
determining the industries where in his opinion labor disputes may adversely affect the
national interest, and from intervening at any time and assuming jurisdiction over any labor
dispute adversely affecting the national interest in order to settle or terminate the same."
Sec. 6. Article 265 of the same Code, as amended by Batas Pambansa Blg. 130, is hereby
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further amended to read as follows:


"Art. 265. Prohibited activities. (a) No labor organization or employer shall declare a strike
or lockout without first having bargained collectively in accordance with Title VII of this Book or
without first having filed the notice required in the preceding Article or without the necessary
strike or lockout vote first having been obtained and reported to the Ministry.
"No strike or lockout shall be declared after assumption of jurisdiction by the President or the
Minister or after certification or submission of the dispute to compulsory or voluntary arbitration
or during the pendency of cases involving the same grounds for the strike or lockout.
"Any worker whose employment has been terminated as a consequence of an unlawful
lockout shall be entitled to reinstatement with full back wages. Any union officer who knowingly
participates in an illegal strike and any worker or union officer who knowingly participates in
the commissions of illegal acts during a strike may be declared to have lost his employment
status: Provided, That mere participation of a worker in a lawful strike shall not constitute
sufficient ground for termination of his employment, even if a replacement had been hired by
the employer during such lawful strike.
"(b) No person shall obstruct, impede, or interfere with by force, violence, coercion, threats or
intimidation any peaceful picketing by employees during any labor controversy or in the
exercise of the right of self-organization or collective bargaining, or shall aid or abet such
obstruction or interference.
"(c) No employer shall use or employ any strike-breaker, nor shall any person be employed as
a strike-breaker.
"(d) No public official or employee, including officers and personnel of the Armed Forces of the
Philippines or the Integrated National Police, or armed person shall bring in, introduce or
escort in any manner any person who seeks to replace strike in entering and/or leaving the
premises of a strike area or to work in place of the strikers: Provided, That nothing herein shall
be interpreted to prevent any public officer from taking any measure necessary to maintain
peace and order and/or protect life and property.
"(e) No person engaged in picketing shall commit any act of violence, coercion or intimidation
or obstruct the free ingress to or egress from the employer's premises for lawful purposes, or
obstruct public thoroughfares."
Sec. 7. Article 273 of the same Code, as amended by Batas Pambansa Blg. 130, is hereby
further amended to read as follows:
"Art. 273. Penalties. (a) Any person violating any of the provisions of Article 265 of this five
hundred pesos and/or imprisonment for not less than one (1) day or more than six (6) months.
Prosecution under this provision shall preclude prosecution for the same act under the
Revised Penal Code, and vice versa.
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"(b) Upon the recommendation of the Minister of Labor and Employment and the Minister of
National Defense, foreigners who violate the provisions of this Title shall be subject to
immediate and summary deportation by the Commission or Immigration and Deportation and
shall be permanently barred from re-entering the country without the special permission of the
President of the Philippines."
Sec. 8. All laws, decrees, rules and regulations or parts thereof inconsistent herewith are
hereby repealed or modified accordingly.
Sec. 9. This Act shall take effect upon its approval.
Approved: June 1, 1982.

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